Terms & Conditions
MOUNTAIN GOAT COACHING LTD TERMS AND CONDITIONS FOR ONLINE SUPPLY OF SERVICES
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY SERVICES FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL SERVICES TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
Website: means our website at www.mountaingoat.bike which is also found via the domain of www.biometric.bike
Biometric Performance Programme: means a bespoke cycling training programme product which we produce utilising information captured by a DNA test undertaken with DNAfit.
Services: means the services which we will supply to you in accordance with these Terms and Conditions and includes any of the products available on the website.
Order: means an order which you place with us online using our online ordering process.
Induction Pack: is only applicable to a Biometric Performance Programme, and means the pack which we will send to you in the post, consisting of a DNA test kit, and all information and other materials you need to be able to provide the information we require to produce your Biometric Performance Training Programme.
Data Collection Guide: is only applicable to a Biometric Performance Programme, and means a document included within the Induction Pack which advises how information will be collected.
we/us/our: means Mountain Goat Coaching Limited (Company Number 09632571). Our registered office is Weardale Physiotherapy, 9 Front Street, Wolsingham, Bishop Auckland, County Durham, DL13 3DF.
you/your/Customer: means you, the person using our Website and buying Services from us.
1. About these Terms and Conditions
1.2 We may amend these Terms and Conditions from time to time and you are advised to check them regularly for any changes which we make.
2. Our agreement for the supply of services and the ordering process
2.1 The Website displays information about our Services. By advertising our Services on the Website, we are inviting you to place an Order with us. If you place an Order, we are not obliged to accept that Order and the Contract between you and us will only be formed if and when we accept your Order.
2.2 We reserve the right to refuse to supply the Services to any person.
2.3 Any terms and conditions appearing or referred to in the Order or otherwise stipulated by you shall have no effect. Any variation of the Contract must be confirmed in writing by us.
2.4 The following paragraphs explain the process which you will go through to place an Order and how the Contract for the supply of Services between you and us will be formed.
Step 1 – Choosing your Biometric Performance Programme
You can choose the Service you would like to purchase. For some Services you can select the product by using the relevant “Add to Basket” button on the website. If you would like to order Coaching Services you will need to contact us to discuss your requirements first.
Step 2 – Terms and Conditions
You will be required to read and accept these Terms and Conditions before being able to complete checkout.
Step 3 – Reviewing Your Basket at Checkout
You can review the product which you have added to your basket. You can change the contents of your basket by removing unwanted items by clicking “Remove” and viewing the basket total value.
Step 4 –Your details
You must complete billing address information which is the address to which your credit or debit card statements are sent. For products with a physical Induction Pack, if you would like it to be delivered to a different address, please provide details. Additional security checks may apply if an address other than the billing address is selected for delivery of the Induction Pack.
Step 5 – Your Order Summary and Payment Information
You will see your Order summary which includes details of the particular product in your Order and your billing and delivery address. Please ensure that any errors are corrected. You are responsible for checking the details as this is the final stage in the process at which you can correct entry mistakes.
Step 6 – Placing Your Order
Once you have read these Terms and Conditions you will be able to confirm all your details and pay by clicking on ‘Pay Now’. At this point your details will be submitted and payment will be processed.
Step 7 – Order Confirmation
Once we have received confirmation that your payment has been authorised you will be given an Order reference and an Order confirmation will be sent. It will confirm the product which you have ordered and the price. The Contract for the supply of Services to you will be formed when we send you the Order confirmation. Please print a copy of the Order confirmation and keep it for your records.
3. Conditions for purchase
3.1 We may refuse your Order if we decide it is reasonable to do so which may include where:
3.1.1 we are unable to obtain authorised payment or the payment process is incomplete;
3.1.2 we identify a product or pricing error on the Website;
3.1.3 you fail to meet any criteria for eligibility of purchase which we impose from time to time; or
3.1.4 you fail to submit all necessary and relevant details to allow us to fulfil the Order.
3.2 We will only supply Services to persons who are aged 18 years or over. By placing an Order with us, you confirm that you are 18 years of age. If you are not 18, you should not attempt to order Services from our Website.
3.3 We may contact you by telephone or email to verify details before we are able to process your Order and dispatch your Induction Pack, or if we are unable to accept your Order.
3.4 The Services advertised on this Website are intended for private, domestic use and you must not resell Services or offer them as or use them in, a commercial enterprise.
4. Price and payment
4.1 Prices and delivery charges are as shown on the Website before we accept your Order. Prices include VAT and are in pounds sterling. Delivery charges are included in your total Order value.
4.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when it is accepted, we will inform you by email or telephone and ask you if you wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to your credit or debit account.
4.3 Offers and promotions on the Website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply to offers and promotions, details of which will be displayed.
4.4 You must pay for the Services by paying the amount shown on the Website as an upfront fee before we start to perform the Services and send you the Induction Pack (if applicable). For the Online Personal Training Plan Package the fee is payable monthly for a minimum term of 6 months. For this product the fee is payable monthly, on the date the order was accepted, for the duration of the programme.
4.5 To meet the costs of your online purchase we accept payment via most major credit and debit cards including Visa, Mastercard and Maestro. We use a third party merchant bank to process payments. You must only use a card if you are the named cardholder. By placing an Order, you confirm that you are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your Order and will not be liable for any delay or non-delivery.
4.6 We will validate the names, addresses and other details supplied by you against commercially available records and may also use third parties to do this. By ordering from us, you agree to such checks. These measures are taken to protect you, to ensure your shopping experience with us is as secure as possible.
4.7 We aim to ensure that stated prices are accurate but if there are any pricing errors on our Website or elsewhere we will inform you and give you the option of either continuing with the Order or cancelling it. If we cannot contact you in such cases, we reserve the right to treat the Order as cancelled and will refund any sums you have already paid in respect of such mispriced product. If a price error is obvious and could reasonably have be recognised by you as mispricing, we will not be obliged to provide the Services at the incorrect (lower) price.
The Contract continues until the end of the term of the product you purchase.
6. If you change your mind
6.1 You may cancel the Contract for any reason at any time within 14 days starting with the day after you receive the Order confirmation. This is your cooling off period.
6.2 We will begin the supply of the Services once you receive your order confirmation. If you decide to cancel within the cooling off period we confirm that you will not be responsible for our costs of supplying the Services.
6.3 To cancel, you must inform us by letter or email. Our contact details are Mountain Goat Coaching Limited, Weardale Physiotherapy, 9 Front Street, Wolsingham, Bishop Auckland, County Durham, DL13 3DF, email: email@example.com. You may use the attached model cancellation form, but it is not obligatory.
6.4 If you cancel within the 14 day cooling off period, we will refund the full price of the cancelled Services without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
6.5 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
6.6 If you inform us that you wish to cancel the Contract after the 14 day cooling off period, it will be at our sole discretion as to whether we accept your cancellation, and/or whether we refund any charges which you have paid to us. We will not be obliged to provide you with any refund if you cancel the Contract after the 14 day cooling off period.
6.7 If you cancel the Contract you must return the Induction Pack to us (if you have received it). If you cancel the Contract in the 14 day cooling off period we will refund any delivery charge which you may have paid in returning the Induction Pack to us. Outside of the cooling off period you will be responsible for the cost of returning the Induction Pack to us. If you do not return the Induction Pack, we may arrange for collection and recover from you our direct costs of doing this, either by reducing the amount of the refund by the collection cost or in any other way we believe is reasonable.
6.8 Whenever you return the Products to us because you change your mind, we ask that it is returned to us, either by recorded delivery or reputable courier so that you have proof of posting.
6.9 You should take reasonable care of the Products prior to returning them to us, should keep them in their original packaging where possible and keep them in a re-saleable condition.
7. Our Liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 7.
7.1 NOTHING IN THIS CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR FOR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
7.2 SUBJECT TO CLAUSE 7.1 AND CLAUSES 7.3 AND 7.4, TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, IN TORT, INCLUDING FOR NEGLIGENCE OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE SERVICES, UNDER OR IN CONNECTION WITH THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE PRICE OF THE SERVICES WHICH ARE THE SUBJECT OF OUR LIABILITY (PLUS THE DELIVERY COSTS IN RESPECT OF THE SAME), AND ANY DIRECT AND REASONABLE LOSSES WHICH YOU INCUR AND WHICH ARE REASONABLY FORESEEABLE AS A DIRECT CONSEQUENCE OF OUR NEGLIGENCE OR OF OUR BREACH OF CONTRACT WITH YOU OR OTHERWISE.
7.3 EXCEPT UNLESS WE EXPLICITLY STATE ELSEWHERE, WE SHALL NOT BE RESPONSIBLE TO YOU WHETHER UNDER OR IN CONNECTION WITH THIS CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT LOSS OF PROFIT OR ANY DIRECT LOSS OF ANY ANTICIPATED SAVINGS NOR FOR ANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OF ANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT REASONABLY FORSEE. THIS INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING, HOWEVER THEY ARISE:
7.3.1 LOSS OF PROFITS;
7.3.2 LOSS OF INCOME OR REVENUE;
7.3.3 LOSS OF SAVINGS;
7.3.4 WASTED TIME;
7.3.5 WASTED EXPENSES OR WASTED COSTS;
7.3.6 LOSS OF DATA;
7.3.7 LOSS OF USE OF MONEY.
7.4 YOU ARE OBLIGED TO SEEK TO REDUCE THE LOSSES, COSTS AND EXPENSES THAT YOU INCUR IN THE EVENT OF ANY CLAIM BEING MADE.
7.5 THE SERVICES THAT WE OFFER FOR SALE ARE SPECIFICALLY FOR THE PURPOSE OF THE INDIVIDUAL PRODUCTS. YOU SHOULD READ ABOUT THE SERVICES CAREFULLY ON THE WEBSITE BEFORE CONFIRMING YOUR ORDER WITH US AND YOU SHOULD SATISFY YOURSELF THAT THE PRODUCT IS SUITABLE FOR YOU.
8.1 If applicable to your order, we aim to send you the Induction Pack (including the Data Collection Guide) and deliver the Services within the indicative timescales shown on our Website or as otherwise mentioned to you elsewhere whether in emails, over the phone or otherwise by our sales representatives. However time is not of the essence for delivery or performance which means that we will not be responsible if the Induction Pack or Services are delivered outside any indicated times and we will not be liable for the consequences of any delay. If we are unable to deliver the Induction Pack or Services within the indicated timescale, we shall use reasonable efforts to tell you this by email and give an amended delivery time. We will not be liable for the consequences of any delay. In any event, we aim to deliver the Induction Pack to you within 14 days following the day on which the Contract between us is formed, and to send you first installment of your programme (if purchased) within 14 days of you providing to us all information we require, as detailed in the Induction Pack or your confirmation email.
8.2 If applicable, the Induction Pack will be delivered to the address which you provide in the Order process. You must provide a valid address for delivery. We shall select what we think is the most appropriate delivery method for the Induction Pack.
8.3 If the Induction Pack we send to you is damaged or faulty please contact us and we will arrange to send you a replacement.
8.4 You must provide us with all information which we request in order for us to be able to produce your training programme. Full details of the information we require and instructions for submitting it to us are contained in the Data Collection Guide within the Induction Pack (Biometric Performance Programme only) or in your order confirmation email.
9. Our rights
All ownership rights known as intellectual property rights in the Induction Pack, Biometric Performance Programme and other Services including all designs, trade marks, brand names, images and logos are and shall remain our property or those of our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to you.
10.1 We will not be in any way responsible to you for any failure to fulfil our obligations to you as a result of any circumstances beyond our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
10.2 The Contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the Contract or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
10.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
10.4 If either we or you do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
10.5 This Contract is subject to English law and both we and you agree that any dispute arising under or connected to it will be decided by the English courts. However, if you are resident in another country then you may bring any claim against us in your local court which means that if you are a Scottish resident then you can bring proceedings in the Scottish Courts and if you are a resident of Northern Ireland, you may bring proceedings in Northern Ireland.
10.6 No changes to the Contract will bind either of us unless we agree to them in writing.
10.7 We may amend these Terms and Conditions at any time and without notice to you. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. However, where you have already placed an Order which we have accepted, the Contract will remain subject to the version of the Terms and Conditions which were in place at the time at which you placed your Order. That is why it is important that you print and keep a copy of the Terms and Conditions at the time of placing your Order.
10.8 Nothing in the Contract between us is intended to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that nothing will change any rights which the law grants to you which that law does not allow us to change or limit.
10.9 Any notice you send to us under this Contract will be deemed delivered as follows, depending on how you send it:
10.9.1 on the day on which it is left if you deliver the notice by hand; or
10.9.2 on the day on which it was posted if you post the notice as shown on proof of postage; or
10.9.3 on the day on which it is sent correctly if by email;
and in each case it should be sent to the address set out at Clause 6.3.
10.10 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act including any statutory rights of any person.
10.11 The Contract is the entire agreement and understanding between you and us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of we or you has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website.
10.12 We have a procedure for investigating complaints and for dealing with queries about our Services. Please contact Mountain Goat Coaching Limited, Weardale Physiotherapy, 9 Front Street, Wolsingham, Bishop Auckland, County Durham, DL13 3DF or firstname.lastname@example.org
Mountain Goat Coaching Limited
Model cancellation form
To : Mountain Goat Coaching Limited, Weardale Physiotherapy, 9 Front Street, Wolsingham, Bishop Auckland, County Durham, DL13 3DF
I/We ____________________________ hereby give notice that I/We cancel my/our contract for the supply of the following services:
Ordered on ________________________________________
Name of consumer(s) _________________________________
Address of consumer(s) _________________________________
Signature of consumer(s) (only if this form is notified on paper)